SHAFIQU AND ANR. Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the Appellants and learned Additional Government Advocate on the application moved under Section 389 Code of Criminal Procedure for the purpose of bail in pending appeals.

(2.) THESE two appeals have been preferred by Appellants Shafiqu, Santosh Kumar Aabid Ali and Jhumak Lal after having been convicted in Sessions Trial No. 532 of 2004, under Sections 396 and 411 I.P.C. Police Station -Raniganj, Distt. Pratapgarh, vide judgment and order dated 22.04.2010 passed by learned Additional Sessions Judge F.T.C, Court Room No. 7, Pratapgarh and sentenced to the maximum term of life imprisonment with fine stipulation thereof.

(3.) THE incident is said to have taken place at 01:15 A.M on 19/20.07.2004 on which date, the accused persons came to the house of the informant and started firing upon Sanjay Kumar son of the informant, who received gunshot injuries. Sanjay Kumar was admitted in the hospital where he succumbed to the injuries. The accused persons also looted the house of the complainant. Argument advanced by the learned Counsel for the Appellants is that no role has been assigned to Shafiqu and the role assigned to Santosh Kumar is of using Danda but the deceased did not receive any injury caused by Danda, rather the deceased received fire arm injuries. The main role of firing is attributed to accused Aabid Ali and Jhumak Lal.